January 18th, 2012: Blackout Day. By now you’ve probably heard of the public outcry against the SOPA & PIPA bills as leaders of the free internet (including Google, Wikipedia, Reddit, Facebook) take up the march against them.
So what exactly are SOPA and PIPA?
In order to understand how these bills affect your mobile marketing initiatives, it’s important to have a bit of background on the issue first.
SOPA, the Stop Online Piracy Act, is an anti-piracy/censorship bill currently making its way through Congress. It gives law enforcement and content creators (i.e. the entertainment industry) the ability to seek court orders against websites they deem are enabling or facilitating the infringement of copyrighted material.
PIPA, the Protect IP Act, calls for curbing access to ”rogue websites dedicated to infringing or counterfeit goods”, giving the U.S. government and ISPs the power to block access to “infringing” domain names.
What’s the big deal?
In a nutshell, both pieces of legislation were introduced with the intent of giving law enforcement and content creators increased ability to protect their intellectual property rights (i.e. copyrights).
Sounds legitimate, right? However, as Reddit.com puts it, “The devil, as they say, is in the details. PROTECT IP and SOPA will cause too much collateral damage, have a high potential for abuse, and won’t even be that effective at stopping the crimes they target.”
Depending on who is suing, court orders could bar online advertising networks (e.g. Google AdSense) and online payment facilitators (e.g. PayPal) from doing business with “infringing” sites, as well as bar online search engines from linking to those sites. Sites such as Google, Facebook, eBay, YouTube, which offer an infinite amount of services and proliferation of content, are in danger of becoming virtually unable to function.
Goodbye, Social and SEO
Perhaps it’s difficult to see the effects this may directly have on SMS marketing. However, think of it as a domino effect. Mobile marketing has been all but married with online media in the recent years. It is a deeply seated relationship that continues to grow and is becoming crucial for the success of any company’s growth, big or small, in this day and age. Marketing initiatives that depend heavily on Facebook’s & Twitter’s viral sharing components, video hosting on YouTube, and search engine optimization (SEO) etc. will be threatened by SOPA and PIPA.
Copyright Protection Gone Rogue
With SOPA and PIPA, law enforcement will theoretically be given unchecked power to block any site they feel is infringing on copyright. There doesn’t appear to be due process once a claim has been made or an appeal process. This makes everyone a potential red target. Your site can be fine and dandy today, but tomorrow, it may no longer be accessible.
As both are ultimately censorship bills, potential lawsuits will also prompt many web site hosting services to move out of the U.S. This in turn leads to negative effects on venture capital, as entrepreneurs and investors will turn funds away from small business, startups, you name it, in fear of spending more money on legal issues than actual innovation and growth (read more @ http://www.marketingtechblog.com/what-is-sopa/).
I’m an interested party in the mobile marketing business, as I’m sure many of you are as well, and this development brings to mind the revised CTIA audit process that was launched last October. I remember when my inbox went from receiving 3 audits total to 30 in one day, and the corresponding industry outrage over the legitimacy of the audits.
In my opinion, outrage over SOPA and PIPA feels similar – if anything worse as they affect the internet as we know it on a much larger scale. Sure, people criticize SOPA and PIPA for being poorly written. In my opinion, however, not only will they both be ineffective in the goal of stopping piracy, but also far too overreaching to the point that they could disrupt the architecture of the internet by tampering with the registry of domain names (resulting in decreased security and stability).
I, for one, will be staying on top of the progress of these bills – I encourage others to do the same. And if you have any additional thoughts about SOPA and PIPA’s impact on mobile marketing, please feel free to post your comments below.
Further Reading: